Chapter 10.44
MISCELLANEOUS TRAFFIC REGULATIONS

Sections:

10.44.010    Inattentive driving.

10.44.015    Motorized foot scooters.

10.44.020    Negligent operation of skateboards prohibited.

10.44.025    Bicycle helmets.

10.44.030    Compression brakes prohibited.

10.44.050    Cutting corner prohibited.

10.44.060    Leaving child unattended in vehicle.

10.44.080    Violation – Penalty.

10.44.010 Inattentive driving.

It is unlawful for any person to operate a motor vehicle within the City in an inattentive manner. For the purposes of this section, “inattentive manner” means the operation of a motor vehicle in a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of pedestrians and weather conditions. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of operating a motor vehicle in a negligent manner. (Ord. 1640 § 1, 1984).

10.44.015 Motorized foot scooters.

A. Definition. “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 that is capable of propelling the device with or without human propulsion.

B. 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.

C. Unsafe Use Prohibited. No motorized foot scooter shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons.

D. Prohibited Areas. Motorized foot scooters are prohibited from being operated:

1. On sidewalks within the City limits;

2. In City parks;

3. On multiple use trails including bicycle paths, bikeways, equestrian trails, hiking trails and recreation trails, except where such trails are specifically marked stating that such use is permitted; and

4. On any City street with a posted maximum speed limit greater than 25 miles per hour.

E. Minimum Age Requirements. No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this section to motorized foot scooters unless the operator is at least 14 years of age. No operator’s license is required from the Department of Licensing to operate a motorized foot scooter.

F. Helmets Required. Any person operating a motorized foot scooter or riding as a passenger on a motorized foot scooter upon any public area in the City of Issaquah shall wear an approved helmet designed for safety that meets or exceeds the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the City may adopt. The helmet shall be worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the motorized foot scooter is in motion.

G. Lights Required. Every motorized foot scooter when in use during the hours of darkness as defined in RCW 46.37.020 shall 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 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. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of 500 feet to the rear may also be used in addition to the red reflector.

H. Noise Restriction. Operation of motorized foot scooters is subject to the provisions IMC 9.22.010 entitled “Public disturbance noises – Restriction.” (Ord. 2393 § 1, 2004).

10.44.020 Negligent operation of skateboards prohibited.

It is unlawful for any person to operate a skateboard in a negligent manner upon any roadway, sidewalk or publicly owned parking lot. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard in such a manner as to endanger or be likely to endanger any persons or property. (Ord. 1696 § 1, 1985).

10.44.025 Bicycle helmets.

A. Purpose and Policy Declared.

1. It is the express purpose of this section to provide for and to promote the health, safety, and welfare of the general public and not to create, establish, or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this section.

2. It is the specific intent of this section to place the obligation of complying with its terms upon any person falling within its scope. No provision of this section is intended to impose any duty upon the City of Issaquah or any of its officers, employees, or agents for any damage or injury resulting from the failure of a person to comply with this section. Implementation and enforcement of this section by the City of Issaquah and its officers or employees shall be discretionary and not mandatory. This section is not intended to form the basis for liability of the City of Issaquah, or any of its officers, employees, or agents, in the event that a person is injured or property is damaged as a result of the failure of any person to comply with its terms.

B. Definitions. For the purposes of this section, the following terms shall have the following meanings:

“Approved bicycle helmet” means a head covering designed to protect the head that meets or exceeds the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation or a subsequent nationally recognized standard for helmet performance as the City may adopt.

“Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having 2 tandem wheels, either of which is 8 inches or more in diameter, or 3 wheels, any one of which is more than 20 inches in diameter. The term “bicycle” shall include any child seat, trailer, sidecar, or other device attached to a bicycle. For purposes of this section, the term “bicycle” shall include electric-assisted bicycles and electric motor foot scooters as those terms are defined in Chapter 46.04 RCW. A device meeting the definition of a bicycle shall be considered a bicycle notwithstanding the fact that training wheels are affixed to the device.

“Child” means a person under the age of 16.

“Guardian” means a person legally responsible for the care and management of a person under the age of 16. “Guardian” shall include the parent, a person with legal custody, a person with temporary custody, or a person who is temporarily caring for the child.

“Public area” means the public roadways, sidewalks, bicycle paths, parks, public property, public rights-of-way, and publicly owned facilities within the City limits of the City of Issaquah.

C. Bicycle Helmet Required.

1. Any person riding a bicycle, including a passenger on a bicycle or a person in tow of a bicycle, upon any public area, shall wear an approved bicycle helmet which shall be worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.

2. No person shall transport another person on a bicycle or in tow of a bicycle upon any public area, unless the passenger is wearing an approved bicycle helmet over the head and equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion. Each person transported in violation of this subsection shall be considered a separate offense chargeable to the person in control of the bicycle.

3. The guardian of a child is responsible for requiring that the child under his or her care wears an approved bicycle helmet while bicycling, or riding as a passenger on a bicycle or in tow of a bicycle, in any public area, and that the child has the neck or chin strap of the helmet fastened securely. Each child not wearing an approved bicycle helmet, in violation of this section, shall be considered a separate offense chargeable to the parent or guardian.

4. It is a defense to this section for a person wearing an unapproved bicycle helmet that the helmet was furnished in conjunction with his or her lease of the bicycle by a person engaged in the business of leasing bicycles and that the helmet was fastened securely while bicycling.

D. Bicycle Races and Events – Bicycle Helmet Required. The person managing, organizing, or promoting a bicycle race, tour, or event shall include notice of the bicycle helmet requirement on all promotional brochures and on all registration materials.

E. Bicycle on Lease or Loan – Bicycle Helmet to Be Provided. Any person regularly engaged in the business of renting or loaning (e.g., “a test drive”) a bicycle for use in any public area shall have an approved bicycle helmet available, shall offer such helmet to the person renting or borrowing the bicycle, and shall retain proof that such person was offered the use of an approved bicycle helmet. Each rental or lease in violation of this section shall constitute a separate offense.

F. Helmet Sales – Safety Standards. No person who is regularly engaged in the selling of bicycle helmets shall sell or offer for sale a bicycle helmet that does not meet or exceed the safety standards approved in subsection (B)(4) of this section. Each sale in violation of this section shall constitute a separate offense.

G. Minors – Guardian’s Responsibility. The guardian of a person under the age of 16 years shall not knowingly allow, or fail to take reasonable steps, to prevent that person from operating or riding on a bicycle or other cycle not powered by a motor on a public highway, bicycle path or any right-of-way or publicly owned facilities under the jurisdiction of the City of Issaquah, unless that person is wearing an approved bicycle helmet fastened securely.

H. Infraction – Dismissal Following Helmet Purchase. The first time a person has been issued a notice of infraction for violation of this section, if such person appears in person before the court and supplies the court with proof that, between the date of notice of infraction and the appearance in court, the person has purchased a helmet that meets the requirements of this section, the court shall dismiss the notice of infraction without costs. (Ord. 2395 § 1, 2004),

10.44.030 Compression brakes prohibited.

No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. (Ord. 1665 § 1, 1985).

10.44.050 Cutting corner prohibited.

It is unlawful for any person operating a motor vehicle upon any public roadway within the City to turn such vehicle either to the right or to the left upon approaching or leaving any intersection and to proceed across any property, whether publicly or privately owned and/or maintained, for the purpose of avoiding the intersection or any traffic control sign or device controlling the intersection, unless so directed by proper authorities. (Ord. 2197 § 1, 1998).

10.44.060 Leaving child unattended in vehicle.

It is unlawful for any person, while in charge of a vehicle, to park or wilfully allow such vehicle to stand upon a public highway or in a public place leaving a child under the age of 8 unattended therein under circumstances which create a substantial risk of harm or injury to the child; except where another responsible person over 12 years of age has immediate control over such child and is physically present in the vehicle. Notwithstanding IMC 10.44.080, any person violating the provisions of this section is guilty of a misdemeanor. (Ord. 2225 § 1, 1999).

10.44.080 Violation – Penalty.

A. Any person violating the provisions of IMC 10.44.015(F) or 10.44.025 shall be guilty of a civil infraction, and upon conviction thereof, shall be punished by the imposition of a monetary penalty of not more than $50.00.

B. Any person violating any provision of this chapter other than those set forth in subsection (A) of this section shall be guilty of a civil infraction, and upon conviction thereof, shall be punished by the imposition of a monetary penalty of not more than $250.00.

C. Community service hours may be imposed in addition to or in lieu of a monetary penalty. (Ord. 2395 § 2, 2004; Ord. 1696 § 1, 1985).