Chapter 10.13
MOTORIZED WHEELED TRANSPORTATION DEVICES

Sections:

10.13.010    Definitions.

10.13.020    Duty to obey traffic control devices and rules of the road.

10.13.030    Driver inattention.

10.13.035    Automotive sound systems and horns – Excessive noise prohibition.

10.13.040    Operation in certain locations prohibited.

10.13.050    Parental responsibility.

10.13.060    Minimum age and hours of operation.

10.13.070    Safety equipment required.

10.13.080    Brakes required.

10.13.090    Muffler required.

10.13.100    No more than one person permitted – Towing or pulling prohibited.

10.13.110    Violation – Penalty.

10.13.120    Issuance of notice of infraction.

10.13.010 Definitions.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

A. “Motorized wheeled transportation device” shall mean any device which is not required to be licensed pursuant to RCW 46.16.010 and is propelled by an electric motor or liquid fuel engine, and is intended to transport a person 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, powered board, motor powered skateboard, “pocket rocket” or miniature motorcycle, or other similar motorized wheeled device, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any motorized wheeled device defined as follows:

Electric-assisted bicycle – RCW 46.04.169;

Electric personal assistive mobility device – RCW 46.04.1695;

Motorcycle – RCW 46.04.330;

Moped – RCW 46.04.304;

Motor-driven cycle – RCW 46.04.332;

Power wheelchair – RCW 46.04.415;

Wheelchair conveyance – RCW 46.04.710.

“Motorized wheeled transportation device” does not include any vehicle that is prohibited by state law from being operated or used in or upon a street or sidewalk.

B. “Park” means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, and play and recreation grounds under the jurisdiction of the city of Blaine.

C. “Public place” means and includes publicly owned, leased or operated parking lots or publicly owned, leased or operated real property, and any public places appropriated to the public for public use, whether improved or unimproved.

D. “Right-of-way” shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and including the sidewalks and shoulder areas.

E. “Sidewalk” means that portion of a right-of-way that excludes the street but includes the sidewalk and shoulder area, whether improved or unimproved.

F. “Street” means that portion of any right-of-way including any highway, avenue, lane, road, street, drive, place, boulevard, alley, and every way or place in the city of Blaine open as a matter of right to public vehicular travel.

G. “Helmet” means a motorcycle helmet as that term is defined in RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foundation. A helmet must possess a neck or chin strap type retention system, and bear a label as required by the Code of Federal Regulations (C.F.R.) at 16 C.F.R. 1203. (Ord. 2595 § 1, 2004)

10.13.020 Duty to obey traffic control devices and rules of the road.

Any person operating a motorized wheeled transportation device 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 traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 2595 § 1, 2004)

10.13.030 Driver inattention.

A. It is unlawful for a person to drive a vehicle in an inattentive manner. For purposes of this section, “inattentive manner” means to operate a motorized wheeled transportation device in such a manner so as to:

1. Fail to exercise ordinary care, and do some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances; or

2. Fail to maintain a careful lookout in the direction of travel or to otherwise drive without due vigilance for persons or property in or near the path of such vehicle; or

3. Fail to maintain proper control of the vehicle at all times.

B. Any person violating this section on a first or second offense shall be guilty of having committed a traffic infraction, with a maximum penalty of $350.00.

C. Any person having violated this section a third time shall be guilty of a misdemeanor. (Ord. 2848 § 2 (Exh. A), 2014; Ord. 2595 § 1, 2004)

10.13.035 Automotive sound systems and horns – Excessive noise prohibition.

A. It is unlawful for any person to operate or maintain a motor vehicle audio sound system, such as but not limited to bullhorns, speakers, tape players, radios, compact disc players, digital media players or broadcasted live music at a volume so as to be audible greater than 50 feet from the vehicle itself.

B. It is a traffic infraction for any person to operate a horn or siren attached to a motor vehicle in a frequent, repetitive, or continuous manner, except as a warning of danger or as specifically permitted or required by law.

C. Any person violating this section on a first or second offense shall be guilty of having committed a traffic infraction, with a maximum penalty of $350.00.

D. Any person having violated this section a third time shall be guilty of a misdemeanor. (Ord. 2848 § 2 (Exh. A), 2014)

10.13.040 Operation in certain locations prohibited.

The operation or use of motorized wheeled transportation devices shall not be permitted, regardless of the age of the operator, in or upon the following areas:

A. Sidewalks while under power; however, motorized wheeled transportation devices are permitted in or upon public sidewalks under manual power. Manual power means that the drive wheel is disengaged from and not propelled by the electric or liquid fuel power source (in neutral) and that the liquid fuel source (combustion engine) is turned off.

B. Parks and improved or natural surface recreational trails or pathways.

C. Public places.

D. Streets with a maximum speed limit in excess of 25 miles per hour.

E. Any portion of Peace Portal Drive.

F. Any portion of State Route (SR) 543, commonly referred to as “the truck route.”

G. Any portion on H Street east of SR 543. (Ord. 2595 § 1, 2004)

10.13.050 Parental responsibility.

A parent or guardian who has custody of any child or ward under the age of 18 shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. (Ord. 2595 § 1, 2004)

10.13.060 Minimum age and hours of operation.

A. No motorized wheeled transportation device shall be operated on any street unless the operator is at least 15 years of age.

B. A motorized wheeled transportation device shall not be operated on any street between the hours of 9:00 p.m. and 7:00 a.m. (Ord. 2595 § 1, 2004)

10.13.070 Safety equipment required.

The following equipment shall be required whenever a motorized wheeled transportation device is operated on any street within the city:

A. Helmet Required. Any person operating or riding upon any motorized wheeled transportation device shall, at all times, wear an approved motorcycle helmet or bicycle helmet as those terms are defined herein, and such helmet shall be worn on the head and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion.

B. Lights and Reflectors Required. Every motorized wheeled transportation device when in use during the “hours of darkness” as defined in RCW 46.04.200 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 or light on the rear of the motorized wheeled transportation device visible from a distance of up to 500 feet from the rear of the device. (Ord. 2595 § 1, 2004)

10.13.080 Brakes required.

Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. (Ord. 2595 § 1, 2004)

10.13.090 Muffler required.

A. No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device and at a minimum conforms to the specifications of the original equipment manufacturer.

B. The operation of a motorized wheeled transportation device shall be subject to the provisions of BMC 9.20.050, Disorderly conduct. (Ord. 2595 § 1, 2004)

10.13.100 No more than one person permitted – Towing or pulling prohibited.

A. No more than one person shall operate or ride upon a motorized wheeled transportation device at the same time. In the event that more than one person operates or rides upon a device at the same time, each person operating or riding the device shall be in violation of this section.

B. No person operating a motorized wheeled transportation device shall tow or pull another person behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall each be in violation of this section. (Ord. 2595 § 1, 2004)

10.13.110 Violation – Penalty.

A. Penalties. Violation of any of the provisions of this chapter, unless otherwise noted, is a traffic offense, whether or not the act at issue occurred upon a roadway. Such traffic offenses shall be punished as follows, unless otherwise noted in this chapter; provided, conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses:

1. First Offense. The first offense shall be a traffic infraction and shall be punished by a penalty of not more than $250.00 including all costs and assessments, and not less than $100.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

2. Second Offense. The second offense shall be a traffic infraction and shall be punished by a penalty of not more than $250.00 including all costs and assessments, and not less than $150.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

3. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed $1,000 or imprisonment in jail for a period not to exceed 90 days or by both such fine and imprisonment. The minimum fine shall be $250.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

B. Impound. A law enforcement officer having probable cause to believe that a violation of this chapter has been committed shall have the authority to confiscate the motorized wheeled transportation device used in violation of this chapter and hold same for evidence pending adjudication of the offense.

C. Forfeiture. Upon a conviction for a third or subsequent offense, the court shall during sentencing further determine whether to order a forfeiture of a motorized wheeled transportation device which was ridden or operated in violation of this chapter, unless it is proven to the court by preponderance of the evidence that the defendant is not the owner of the property and the owner did not or could not have reasonably known that the property would be ridden in violation of this chapter. A forfeited motorized wheel transportation device shall be destroyed or sold at public auction.

D. Blaine Municipal Court – Jurisdiction. The Blaine municipal court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. (Ord. 2848 § 2 (Exh. A), 2014; Ord. 2595 § 1, 2004)

10.13.120 Issuance of notice of infraction.

Law enforcement officers commissioned by the city of Blaine are authorized to issue a notice of infraction upon certification the officer had cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 2595 § 1, 2004)