Chapter 12.10
TRAIL USE REGULATIONS

Sections:

12.10.005    Purpose.

12.10.015    Definitions.

12.10.020    Shared use trail – Motor vehicles prohibited.

12.10.025    Shared use trail – Use by motorized devices.

12.10.030    Shared use trail – Traffic control devices.

12.10.035    Shared use trail – Speed limits.

12.10.040    Shared use trail – User conduct.

12.10.045    Shared use trail – Hours of operation.

12.10.005 Purpose.

Whereas the city of Pacific maintains shared use trails for both transportation and recreational use, and whereas public safety requires reasonable regulation of the use of these trails as authorized by RCW 35.75.010, now therefore the city council adopts Chapter 12.10 PMC to PMC Title 12, Parks and Recreation. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.015 Definitions.

“Bicycle” means every device propelled solely by human power, or an electric-assisted bicycle as defined in RCW 46.04.169, upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one of which is 20 inches or more in diameter.

“Electric-assisted bicycle” (RCW 46.04.169) means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle’s electric motor must have a power output of no more than 750 watts. The electric-assisted bicycle must meet the requirements of one of the following three classifications:

1. “Class 1 electric-assisted bicycle” means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;

2. “Class 2 electric-assisted bicycle” means an electric-assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or

3. “Class 3 electric-assisted bicycle” means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and is equipped with a speedometer.

“Electric personal assistive mobility device (EPAMD)” means (1) a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower), having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing 170 pounds, of less than 20 miles per hour, or (2) a self-balancing device with one wheel designed to transport only one person by an electric propulsion system with an average power of 2,000 watts (two and two-thirds horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system, of less than 20 miles per hour.

“Electric scooter” means a vehicle typically ridden for recreation, consisting of a footboard mounted on two wheels and a long steering handle that is electrically powered. It is designed to transport only one person by an electric propulsion system with a top speed not exceeding 20 miles per hour.

“Scooter” means a vehicle typically ridden for recreation, consisting of a footboard mounted on two wheels and a long steering handle, propelled by resting one foot on the footboard and pushing the other against the ground.

“Shared use trail” means a paved path, track or right-of-way built for travel and recreation by pedestrians, bicycles, and other modes of transportation other than motor vehicles, other than a sidewalk or walkway constructed for the exclusive use of pedestrians.

“Skateboard” means a short narrow board with two small wheels fixed to the bottom of either end, on which (as a recreation or sport) a person can ride in a standing or crouching position, propelling themselves by occasionally pushing one foot against the ground.

“Skateboard (electric)” means a short narrow board with two small wheels fixed to the bottom of either end, on which (as a recreation or sport) a person can ride in a standing or crouching position. It is designed to transport only one person by an electric propulsion system with a top speed not exceeding 20 miles per hour. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.020 Shared use trail – Motor vehicles prohibited.

No person shall operate a motor vehicle upon a shared use trail except as authorized for emergency services or maintenance. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.025 Shared use trail – Use by motorized devices.

Shared use trails shall be open to the following motorized devices, as defined in Chapter 46.04 RCW:

A. Electric personal assistive mobility devices (EPAMD).

B. Class 1 and Class 2 electric-assisted bicycles.

C. Class 3 electric-assisted bicycles; provided, that the bicycle’s electric assist is unavailable at speeds of 20 mph or more while on the shared use trail.

D. Scooters and electric scooters (not defined under Chapter 46.04 RCW).

E. Skateboards and electric skateboards (not defined under Chapter 46.04 RCW). (Ord. 2032 § 1 (Exh. A), 2020).

12.10.030 Shared use trail – Traffic control devices.

A. The public works manager shall place and maintain traffic control devices upon shared use trails as necessary to regulate traffic under ordinances of the city or under state law, or to guide or warn traffic. Such traffic controls shall comply with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the Washington State Department of Transportation.

B. Where traffic control devices have been placed and maintained in accordance with these requirements, no trail user shall disobey the directions of such devices.

C. No person shall erect or display any unauthorized sign or device purporting to control traffic or other use of a shared use trail. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.035 Shared use trail – Speed limits.

A. No person shall travel on a shared use trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person who is complying with the law and using reasonable care. Travel at speeds in excess of 20 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section.

B. Every user shall, consistent with the requirements of subsection A of this section, move at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding trail, and when special hazard exists by reason of weather or trail conditions.

C. When the director determines on the basis of an engineering and traffic investigation that a speed of 20 mph is greater than is reasonable and safe on any section of shared use trail, the director may determine and declare a reasonable and safe maximum limit thereon, and when appropriate signs giving notice thereof are erected, no user shall exceed the speed posted. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.040 Shared use trail – User conduct.

A. Using a Trail. Every person using a trail shall stay as near to the right-hand side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction.

B. Regard for Other Trail Users. Every user shall exercise due care and caution to avoid colliding with any other trail user. All users shall travel in a consistent and predictable manner.

C. Obstructing Trail Prohibited. No person shall sit or lie upon a shared use trail, or place any object or substance upon the trail, so as to impede the normal and reasonable movement of trail users.

D. Groups on Trail. No group of trail users, including their animal(s), shall occupy more than one-half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users.

E. Audible Signal When Passing. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell, or horn.

F. Overtaking Trail Users on the Left. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance to clearly avoid coming into contact, and shall stay to the left until safely clear of the overtaken user.

G. Entering and Crossing Trail. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail.

H. Lights on Trail Users.

1. All vehicles and devices using the trail from one-half hour before sunset to one-half hour before sunrise shall bear a white headlight visible at least 500 feet to the front, and a red rear reflector or light visible at least 500 feet to the rear.

2. To avoid excessive glare for oncoming users, headlights shall be aimed so that none of the high intensity portion of the light shall at a distance of 25 feet ahead project higher than the center of the lamp from which it comes.

3. No trail user shall display any light prohibited by RCW 46.37.280, Special restrictions on lamps.

I. Regard for Equestrian Users on Trail. Trail users shall exercise extreme caution to prevent frightening horses with sudden noise or movement and shall always yield right-of-way to horses and warn equestrian users when approaching from behind and attempting to pass.

J. Regard for Adjacent Property Owners. Trail users should respect private lands adjacent to trails and shall stay on trails to avoid trespassing on or interfering with adjacent private property. Trail users shall avoid unreasonable noise during hours of darkness. (Ord. 2032 § 1 (Exh. A), 2020).

12.10.045 Shared use trail – Hours of operation.

A. Shared use trails shall be open to public travel 24 hours per day.

B. No person shall loiter upon a shared use trail, or sit or lie upon or within 10 feet of a shared use trail, from one-half hour before sunset to one-half hour before sunrise.

C. Use of recreational amenities located along or adjacent to shared use trails shall be subject to hours posted in accordance with PMC 12.10.030. (Ord. 2032 § 1 (Exh. A), 2020).