Chapter 10.54
MOTORIZED WHEELED TRANSPORTATION DEVICES

Sections:

10.54.010    Definitions.

10.54.020    General provisions.

10.54.030    Miniature motorcycle provisions.

10.54.040    Parental responsibility.

10.54.050    Violation – Penalty, seizure, forfeiture and impound fees.

10.54.060    General duty.

10.54.070    Severability.

10.54.010 Definitions.

(1) A “motorized wheeled transportation device” shall mean any device which has no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon, is propelled by an electric or liquid fuel motor, which is not required to be licensed with the State Department of Licensing prior to its lawful operation upon a public street, and is capable of propelling the device with or without human propulsion on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a “motorized foot scooter” as that term is defined in RCW 46.04.336, and any electric or gas-powered scooter.

(A) For the purpose of this chapter, devices that have four wheels and are powered by an internal combustion engine or electric motor, such as power boards, and motor-powered skateboards are also considered motorized wheeled transportation devices.

(B) For purposes of this chapter, a motorized wheeled transportation device shall not include any of the following, as now or hereafter defined in the referenced provision of state law:

(i) Electric-assisted bicycle – RCW 46.04.169.

(ii) Electric personal assistive mobility device – RCW 46.04.1695.

(iii) Moped – RCW 46.04.304.

(iv) Motorcycle – RCW 46.04.330.

(v) Motor-driven cycle – RCW 46.04.332.

(vi) Power wheelchair – RCW 46.04.415.

(vii) Wheelchair conveyance – RCW 46.04.710.

(2) A “miniature motorcycle” shall include all models of miniature motorcycles including but not limited to pocket bikes or miniature choppers regardless of the manner in which the device is designed, and regardless of whether the device is commercially or privately constructed.

(3) “Child” means any person less than 18 years of age.

(4) “Parent” means a person who is a natural parent, adoptive parent, step-parent, or foster parent of a juvenile.

(5) “Guardian” means (A) a person who, under court order, is the guardian of the person of a juvenile; or (B) a public or private agency with whom a juvenile has been placed by a court; or (C) a person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a juvenile. (Ord. 1352 § 1, 2005)

10.54.020 General provisions.

Every person operating a motorized wheeled transportation device in the city of Westport:

(1) Shall have all the rights and is subject to all the duties and responsibilities applicable to the rider of a bicycle upon any highway, street or roadway, except as limited herein;

(2) Shall ride within a bicycle lane upon the roadway if a bicycle lane exists;

(3) Shall ride only on highways, arterials, streets and roadways designated with a maximum speed limit of 25 miles per hour or less unless the motorized wheeled transportation device is operated in a properly designated bicycle lane;

(4) Who is preparing to cross a highway, arterial, street, or roadway designated with a maximum speed limit greater than 25 miles per hour, shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and shall cross the roadway on foot, subject to the restrictions placed upon pedestrians;

(5) Shall not operate a motorized wheeled transportation device on any public sidewalk;

(6) Shall not operate a motorized wheeled transportation device on any city-owned property;

(7) Shall not operate a motorized wheeled transportation device in any city park;

(8) Shall not operate a motorized wheeled transportation device upon designated sidewalks, walkways, pathways, trails, including the Westport Light Trail and the Esplanade, or any other place motorized vehicles are prohibited;

(9) Shall wear an approved bicycle helmet which is a head covering designed to protect the head that meets or exceeds safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Foundation or such subsequently nationally recognized standard for bicycle helmet performance as Washington State may adopt;

(10) Every motorized wheeled transportation device, 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 a 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;

(11) Shall not operate a motorized wheeled transportation device unless the scooter is equipped with a brake that will enable the operator to make the brake wheels skid on dry, level, clean pavement;

(12) Shall be at least 16 years of age;

(13) Shall not operate a motorized wheeled transportation device with any passenger other than the operator;

(14) Shall ensure that the motorized wheeled transportation device is at all times equipped with a muffler in good working order so as to prevent excessive or unusual noise. Use of any cutout, bypass, or similar muffler device is prohibited;

(15) Motorized wheeled transportation devices operated within the city shall not be modified or enhanced in design or construction from the specifications provided by the manufacturer;

(16) No motorized wheeled transportation device 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 to operate a motorized wheeled transportation device in such a manner as to endanger or be likely to endanger any person or property, or to obstruct, hinder or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, alleys, parking areas, trails or parks within the city of Westport. (Ord. 1352 § 1, 2005)

10.54.030 Miniature motorcycle provisions.

No “miniature motorcycles” as defined in this chapter shall be operated:

(1) Upon or within any state highway or city street within the city; nor

(2) Upon any public sidewalk, publicly owned or maintained bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail or parking lot; nor

(3) Within the boundaries of a municipally owned or operated recreational facility, including playing fields, parks, and associated facilities; nor

(4) Within the boundaries of any public school grounds. (Ord. 1352 § 1, 2005)

10.54.040 Parental responsibility.

It is unlawful for any parent, guardian or other person having control or custody of a child to knowingly aid or abet a child to operate a motorized wheeled transportation device or miniature motorcycle in violation of this chapter. (Ord. 1352 § 1, 2005)

10.54.050 Violation Penalty, seizure, forfeiture and impound fees.

(1) Any person violating the provisions of this chapter shall be deemed to have committed an infraction. Upon determination that a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any person, including their parent or guardian, in violation of any provisions in this chapter. In any case, the amount shall not exceed $250.00. The following monetary penalties shall apply:

(A) First offense: $75.00.

(B) Second offense: $100.00.

(C) Third and future offenses: $250.00 each.

(2) In lieu of the penalty described above, any Westport police officer may utilize the following penalty provision for a person less than 16 years of age found operating a motorized wheeled transportation device, or anyone operating a miniature motorcycle in any manner or location that violates the provisions of this chapter:

(A) The officer may take custody of the device. If the officer does impound the device, he or she may release it only to an adult.

(B) The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.

(C) The procedure for reclaiming the device shall be promulgated by the chief of police.

(D) Only the parent or legal guardian of a violator or an adult owner can reclaim a motorized wheeled transportation device or miniature motorcycle impounded pursuant to this section.

(E) A $50.00 fee for the cost of impound and administrative processing shall be paid to the city clerk prior to the release of any property impounded under this alternative penalty.

(F) Any unclaimed devices may be disposed of in accordance with state law. (Ord. 1352 § 1, 2005)

10.54.060 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 provisions 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. 1352 § 1, 2005)

10.54.070 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1352 § 1, 2005)