Chapter 10.90
MOTORIZED FOOT SCOOTERS AND NONMOTORIZED VEHICLES
Sections:
10.90.030 Duty to obey rules of the road and traffic signals.
10.90.040 Motorized foot scooter and bicycle operation.
10.90.050 Motorized foot scooters and bicycle operation prohibited.
10.90.060 Bicycle and motorized foot scooter – Helmet required.
10.90.070 Use of skateboards, coasters, roller skates and similar devices restricted.
10.90.080 Parent or guardian responsibility.
10.90.090 Violation – Enforcement authority and penalties.
10.90.010 Definitions.
A. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the following meanings:
1. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is described 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;
2. “Bicycle” means every device propelled solely by human power 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 more than 20 inches in diameter; within this chapter, the term “bicycle” shall include any attached trailers, sidecars, and/or other device being towed by a bicycle;
3. “Helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the city council may adopt;
4. “Parent or guardian” means a parent, legal guardian, an adult with custody, or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years;
5. “Skateboard” has the ordinary meaning and means a footboard mounted upon four or more wheels and is usually propelled by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion;
6. “Roller skates” has its ordinary meaning and means a pair of shoes, mounted upon two sets of wheels, and is propelled solely by human power and is usually operated by the user in an upright, standing position or kneeling;
7. “Coasters” has its ordinary meaning and means a footboard mounted upon two or more wheels and controlled by an upright steering handle; this device is propelled solely by human power and is usually operated by the user in an upright, kneeling, or sitting position;
8. “In-line skates” has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is propelled solely by human power and is usually operated by the user in an upright, standing position or kneeling;
9. “Other similar device” means any other device solely human powered that has wheels, is propelled by the user, and is designed to be stood upon, sat upon, or rode in any manner that does not meet any other definition outlined in this section. (Ord. 1438 § 8, 2017)
10.90.020 Purpose and policy.
A. This chapter is enacted as an exercise of the police power of the city of Zillah to protect and preserve the public safety, health, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
1. It is the express purpose of this chapter to provide for and to promote the safety, health, 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.
2. It is the specific intent of this chapter to place responsibility for compliance with provisions of this chapter upon any person falling within this scope and no provision of nor term used in this chapter is intended to or shall impose any duty whatsoever upon the city of Zillah or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
3. Nothing contained in this chapter is intended to be, nor shall be construed or create or form the basis for, any liability on the part of the city of Zillah or its officers, employees, or agents for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city of Zillah by its officers, employees or agents. (Ord. 1438 § 8, 2017)
10.90.030 Duty to obey rules of the road and traffic signals.
Any person operating a skateboard, roller skates, coaster, in-line skates, motorized foot scooter, or similar device within the city of Zillah shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signals, signs, or other control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 1438 § 8, 2017)
10.90.040 Motorized foot scooter and bicycle operation.
A. Any person operating a motorized foot scooter or bicycle within the city of Zillah shall be granted all the rights and shall be subject to all the duties and laws applicable to motor vehicle operators except as provided for in this chapter.
1. Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no person operating a bicycle or motorized foot scooter shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
2. Any person operating a motorized foot scooter or bicycle shall signal their intent to turn, slow, stop, or change lanes or direction prior to making the direction or lane change. The following hand signals shall be required: (RCW 46.61.758)
a. Left Turn. Left hand and arm extended horizontally beyond the side of the bicycle or motorized foot scooter;
b. Right Turn. Left hand and arm extended upward beyond the side of the bicycle or right hand and arm extended horizontally to the right side of the bicycle or motorized foot scooter;
c. Stop or Decrease Speed. Left hand and arm extended downward beyond the side of the bicycle or motorized foot scooter.
3. No bicycle or motorized foot scooter shall carry more passengers than the number for which it is designated and equipped. (RCW 46.61.760)
4. Every person operating a bicycle or motorized foot scooter upon a roadway at the rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction.
a. A person operating a bicycle or motorized foot scooter upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe.
b. A person operating a bicycle or motorized foot scooter upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane, if such exists. (RCW 46.61.770)
5. Persons riding bicycles or motorized foot scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
6. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.
7. Every bicycle or 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. 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.
b. 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. (RCW 46.61.780)
8. Every bicycle or motorized foot scooter shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. (RCW 46.61.780)
9. Persons operating a motorized foot scooter on a public roadway or on public property must be at least 16 years of age. (Ord. 1438 § 8, 2017)
10.90.050 Motorized foot scooters and bicycle operation prohibited.
A. Motorized foot scooters and bicycles shall not be operated in a negligent manner upon any roadway, sidewalk, or city right-of-way within the city of Zillah.
1. For the purpose of this section, “to operate in a negligent manner” means to operate a motorized foot scooter or bicycle 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 public parks within the city of Zillah.
B. No person shall park a bicycle or motorized foot scooter upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.
C. No person shall ride a motorized foot scooter or bicycle on a sidewalk in a business district.
1. For the purpose of this section, “business district” means the area within the city of Zillah, between Fifth Street and Eighth Street and First Avenue and Second Avenue.
2. The sidewalks on both sides of the street and any sidewalks within the area are included.
3. Whenever a person is riding a bicycle or motorized foot scooter on any other sidewalk, such person shall yield the right-of-way to any pedestrian on that sidewalk.
D. No person shall ride a bicycle or motorized foot scooter in any park or city-owned property, including parking lots, unless it is designated as a bicycle path and is posted as such.
E. No person shall operate a motorized foot scooter on a public street or road with a speed limit in excess of 25 miles per hour, unless the motorized foot scooter is operated within a designated bicycle lane.
F. No person shall operate a motorized foot scooter within the city of Zillah without a muffling device in good working order and in constant operation to prevent excessive noise or with a modified muffling device. (Ord. 1438 § 8, 2017)
10.90.060 Bicycle and motorized foot scooter – Helmet required.
A. A person riding a bicycle or motorized foot scooter upon any public area in the city of Zillah shall wear an approved bicycle helmet designed for safety that meets or exceeds the standards adopted in ZMC 10.90.010(A)(3), and shall have either the neck or chin strap of the helmet fastened securely while the bicycle or scooter is in motion.
1. No person shall transport another person on or in tow of a bicycle or motorized foot scooter upon any public area in the city of Zillah unless the passenger is wearing a helmet that meets the requirements of this chapter.
2. A parent or guardian is responsible for requiring that a child under the age of 18 years wears an approved bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in the city of Zillah and has the neck or chin strap of the helmet fastened securely.
3. Any person violating any of the provisions of this section shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in Chapter 46.63 RCW, not to exceed $25.00.
4. The court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year and provides proof that he or she has acquired an approved bicycle helmet at the time of appearance in court.
5. Information about the need for bicycle helmets, safe helmet use, safe bicycle operation, and existing bicycle safety programs is available at the city of Zillah police and fire departments.
a. The city of Zillah encourages any person engaging in the business of selling bicycles to include information on bicycle safety and the bicycle helmet requirements of this chapter with each bicycle sold.
b. The city of Zillah encourages any person engaging in the business of selling bicycle helmets to include information on safe helmet usage with each helmet sold. (Ord. 1438 § 8, 2017)
10.90.070 Use of skateboards, coasters, roller skates and similar devices restricted.
A. No skateboard, roller skates, coaster, in-line skates, or similar device shall be ridden or operated in a negligent manner but shall be operated with reasonable regard for the safety of the operator and other persons.
1. For the purpose of this section, “to operate in a negligent manner” means to operate 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 public parks within the city of Zillah.
2. Any person operating a skateboard, roller skates, coaster, in-line skates, or similar device shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
3. No person shall ride a skateboard, roller skates, coaster, in-line skates, or similar device on a sidewalk in a business district.
a. For the purpose of this section, “business district” means the area within the city of Zillah between Fifth Street and Eighth Street, First Avenue and Second Avenue.
b. The sidewalks on both sides of the street and any sidewalks within the area are included.
c. Whenever any person is riding a skateboard, roller skates, coaster, in-line skates, or similar device on any other sidewalk, such person shall yield the right-of-way to any pedestrian on that sidewalk.
d. No person shall ride a skateboard, roller skates, coaster, in-line skates, or similar device in any park or city-owned property, including parking lots, except in approved locations, which are appropriately signed. (Ord. 1438 § 8, 2017)
10.90.080 Parent or guardian responsibility.
It is unlawful for any parent, guardian, or other person having control or custody of a minor child to authorize or knowingly allow the minor to operate a bicycle, motorized foot scooter, skateboard, coaster, roller skates, in-line skates, or other similar device in violation of this chapter. (Ord. 1438 § 8, 2017)
10.90.090 Violation – Enforcement authority and penalties.
A. The city of Zillah police department personnel shall have the authority to enforce the provisions of this chapter.
B. Unless otherwise set forth in this chapter, upon determining 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 a parent or guardian, violating any of the provisions of this chapter; provided, that the amount shall not exceed $250.00:
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First Offense: |
$40.00 |
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Second Offense: |
$80.00 |
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Third Offense: |
$250.00 |
C. In addition to issuing an infraction, law enforcement officers may impound a bicycle, motorized foot scooter, skateboard, coaster, or other similar device, excluding roller skates or in-line skates, in accordance with ZMC 10.90.100 and may sell or destroy the seized property upon order of the court in accordance with ZMC 10.90.100. (Ord. 1438 § 8, 2017)
10.90.100 Impoundment.
A. All bicycles, motorized foot scooters, skateboards, coasters or other similar devices, excluding roller skates or in-line skates, operated in violation of this chapter are subject to impoundment.
1. Law enforcement officers may impound the motorized foot scooters, bicycles, or other items listed in this chapter that are operated in violation of this chapter, except for violations of ZMC 10.90.060 for failure to wear an approved helmet.
2. Property impounded under this chapter will be released to the owner if he or she is 18 years of age or a parent or guardian of the person from whom the property was impounded upon request and without cost.
a. Release of the property shall be during normal business hours of the Zillah police department.
3. If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sections, sentence, clause, or phrase of this chapter. (Ord. 1438 § 8, 2017)