Chapter 9.20
MOTORIZED PERSONAL TRANSPORTATION DEVICES
Sections:
9.20.030 Duty to obey rules of the road.
9.20.040 Requirements for operating motorized personal transportation devices.
9.20.060 Applicability of other traffic laws.
9.20.070 Dealer notice required.
9.20.010 Purpose.
The purpose and intent of Chapter 9.20 SVMC is to implement local regulations governing the use of motorized personal transportation devices on city streets, sidewalks, trails, bike paths, and other public property. (Ord. 20-011 § 1, 2020).
9.20.020 Definitions.
The following definitions are applicable in Chapter 9.20 SVMC unless the context otherwise requires:
A. “Approved bicycle helmet” means a head covering designed for safety that meets or exceeds the required safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00.4 set by 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 may be adopted by the City of Spokane Valley. The helmet shall be equipped with a neck or chin strap that shall be securely fastened while the motorized personal transportation device is in motion.
B. “Approved motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label required by the Federal Consumer Product Safety Commission as adopted by the Code of Federal Regulations, 16 CFR Section 1203.
C. “Electric-assisted bicycle,” “class 1 electric-assisted bicycle,” “class 2 electric-assisted bicycle,” and “class 3 electric-assisted bicycle” shall have the meanings as set forth in RCW 46.04.169 as now adopted or hereafter amended.
D. “Modified or enhanced” means that any of the settings or equipment of the motorized personal transportation device, including but not limited to those settings or equipment that affect displacement, horsepower, or muffler effect, have been altered to achieve greater power, higher speed, and/or better performance than possible when the unit was delivered from the factory for sale.
E. “Motorized foot scooter” is defined as set forth in RCW 46.04.336, as now adopted or hereafter amended.
F. “Motorized personal transportation device” shall be a motorized device for personal transportation deemed to include motorized foot scooters, motorized skateboards, pocket motorcycles, class 1, class 2, and class 3 electric-assisted bicycles, and all other similar devices, but shall exclude motorized wheelchairs, motor driven cycles, mopeds, motorcycles, and electronic personal assistive mobility devices.
G. “Motorized skateboard” means every device with a platform on which the rider or operator balances, the platform having two or more sets of wheels beneath it, propelled by an attached or auxiliary electric or gasoline motor.
H. “Scooter share program” and “bike share program” mean a person offering shared motorized foot scooters or electric-assisted bicycles for hire.
I. “Sidewalk” for purposes of Chapter 9.20 SVMC only is defined as set forth in RCW 46.04.540 as now adopted or hereafter amended.
J. “Street,” for the purposes of Chapter 9.20 SVMC only, means the entire width between the curb boundary lines, including any designated bike lanes and the shoulder, of every way publicly maintained in the City of Spokane Valley when any part thereof is open to the use of the public for purposes of vehicular travel or parking. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.010).
9.20.030 Duty to obey rules of the road.
Any person operating a motorized personal transportation device on a street shall obey all rules of the road applicable to motor vehicles, as well as the commands of official traffic control signals, signs, and other control devices applicable to motor vehicles, unless otherwise directed by a law enforcement official or their designee. Every person operating a motorized personal transportation device on a street is granted all of the rights and is subject to all of the duties and responsibilities applicable to the driver of a motor vehicle pursuant to Chapter 308-330 WAC, except WAC 308-330-500 through 308-330-540 relating to bicycle licensing, as adopted or hereafter amended, a copy of which will be kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC except as to those provisions thereof which by their very nature can have no application. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.020).
9.20.040 Requirements for operating motorized personal transportation devices.
A. Minimum Age. No person shall operate a motorized personal transportation device on a street, alley, or other public area unless such person is 16 years of age or older.
B. Passengers – Towing. Only one person shall occupy a motorized personal transportation device at one time. An operator of a motorized personal transportation device shall not transport passengers or tow other devices or persons behind a motorized personal transportation device.
C. Helmet Required. Any person operating a motorized personal transportation device propelled by an internal combustion engine upon any street, alley or other public place in the City shall wear an approved motorcycle helmet designed for safety on his or her head and shall have the neck or chin strap of the helmet fastened securely while the motorized personal transportation device is in motion or operation.
D. Lighting Required.
1. All motorized personal transportation devices, when in use on any street, alley, or other public area, shall be equipped with a functioning lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front.
2. All motorized personal transportation devices, when in use on any street, alley or other public area, shall be equipped with a functioning red reflector on the rear of the motorized personal transportation device, of a type approved by the Washington State Patrol, that is visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of the head lamps on a motor vehicle. A lamp that emits 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 (LED) flashing tail light that is visible from a distance of 500 feet to the rear may likewise be used in addition to the red reflector.
3. All motorized personal transportation devices in operation on a street shall be equipped with a stop lamp or lamps on the rear of the motorized personal transportation device which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake.
E. Muffler Required. Motorized personal transportation devices powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the motorized personal transportation device to prevent a noise nuisance as prohibited by SVMC 7.05.040(K). The use of a cutout, bypass, or similar muffler elimination device is prohibited on all motorized personal transportation devices that are powered by an internal combustion engine.
F. Brake Required. Motorized personal transportation devices shall be equipped with a rear brake which, when applied, enables the operator to make the braked wheel(s) skid on dry, level, clean pavement.
G. Modifications Prohibited. Motorized personal transportation devices operated within the City of Spokane Valley shall not be modified or enhanced in design or construction from the specifications as provided by the manufacturer or as otherwise required by Spokane Valley Municipal Code provisions or the Revised Code of Washington. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.030).
9.20.050 Prohibited areas.
A. Parks. All prohibitions and regulations applicable to motorized vehicles in City parks as set forth in Chapter 6.05 SVMC shall apply to motorized personal transportation devices and, without limitation, motorized personal transportation devices are prohibited from all City parks, except (1) in public streets, parking areas, parking lots or such designated areas where motorized vehicular use is allowed, and (2) as otherwise provided in SVMC 9.20.050(C). Use within such areas shall be subject to all applicable state and local laws, including, but not limited to, RCW Title 46 and Chapter 6.05 SVMC.
B. Sidewalks. It is unlawful for any person to operate or ride a motorized personal transportation device on any sidewalk within the City of Spokane Valley City limits, except motorized personal transportation devices equipped with an electric motor when a street has no bike lane; provided, that pedestrians shall have the right-of-way; and provided further, that the device does not exceed a speed greater than 10 miles per hour while on the sidewalk.
C. Public Trails. Unless otherwise specified in SVMC 9.20.050(C), it is unlawful for any person to operate or ride a motorized personal transportation device on any public trails. A person may operate or ride a personal transportation device equipped with an electric motor at a speed no greater than 15 miles per hour on the Appleway Trail and the Centennial Trail. In the event of any conflict between SVMC 9.20.050(C) and any provision of Chapter 6.05 SVMC, SVMC 9.20.050 (C) shall control.
D. Certain Streets. It is unlawful for any person to operate or ride a motorized personal transportation device on any street with a speed limit greater than 25 miles per hour, except within designated bike lanes on such streets.
E. Parking – Generally. Parking of motorized personal transportation devices is prohibited on all public sidewalks when such parking interferes, impairs, obstructs, blocks, or impedes the free and full use of the sidewalk. Any motorized personal transportation device parked illegally shall be subject to removal by the City or its contractor.
F. Parking – Scooter or Bike Share. Any scooter or bike share company responsible for or owning a motorized personal transportation device parked illegally pursuant to SVMC 9.20.050 shall be deemed to have committed a traffic infraction subject to the penalties set forth in Chapter 9.20 SVMC. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.040).
9.20.060 Applicability of other traffic laws.
The following criminal traffic laws shall apply to the operation of motorized personal transportation devices within the City of Spokane Valley:
A. Negligent Driving – First Degree – RCW 46.61.5249, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.
B. Negligent Driving – Second Degree – RCW 46.61.525, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.
C. Reckless Driving – RCW 46.61.500, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.
D. Driving Under the Influence – RCW 46.61.502, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.
E. Driver Under 21 Consuming Alcohol – RCW 46.61.503, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.050).
9.20.070 Dealer notice required.
All persons and/or establishments in the City of Spokane Valley involved in the retail sale, lease, rental, or “sharing” of motorized personal transportation devices shall provide to each purchaser, renter, or user of said motorized personal transportation device written notice of the regulations, restrictions, and requirements of Chapter 9.20 SVMC prior to completing the sale, lease, rental, or “sharing” of said motorized personal transportation device. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.060).
9.20.080 Violation – Penalty.
Except as otherwise provided herein, any person violating any provision of Chapter 9.20 SVMC shall be deemed to have committed a traffic infraction and shall be subject to a penalty of $50.00. However, conduct that constitutes a violation of a rule of the road, or constitutes a criminal traffic offense, may also be charged as such and is subject to the maximum penalties allowed for such an offense or offenses.
A violation of Chapter 9.20 SVMC for a minor under the age of 16 shall result in a referral to the Spokane County juvenile justice system for resolution. (Ord. 20-011 § 1, 2020; Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 9.20.070).