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    NEGLIGENT OPERATION - PROHIBITED.

10.13.040    PROHIBITED AREAS.

10.13.050    PARENTAL RESPONSIBILITY.

10.13.060    MINIMUM AGE AND HOURS OF OPERATION.

10.13.070    HELMET, REFLECTORS, LIGHTS.

10.13.080    BRAKES REQUIRED.

10.13.090    NOISE.

10.13.100    NO MORE THAN ONE (1) PERSON PERMITTED - TOWING OR PULLING PROHIBITED.

10.13.110    VIOLATION - PENALTY.

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, 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 Bremerton parks and recreation department.

(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 Bremerton open as a matter of right to public vehicular travel. (Ord. 4915 §1, 2004)

10.13.020 DUTY TO OBEY TRAFFIC-CONTROL DEVICES AND RULES OF THE ROAD.

Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a street shall have the same rights and duties as operators of bicycles. (Ord. 4915 §1, 2004)

10.13.030 NEGLIGENT OPERATION - PROHIBITED.

The negligent operation of a motorized wheeled transportation device on any street shall be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to exercise ordinary care, and is the doing of 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. (Ord. 4915 §1, 2004)

10.13.040 PROHIBITED AREAS.

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)    Improved or natural surface recreational trails or pathways.

(c)    Parks.

(d)    Public places.

(e)    Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. (Ord. 4915 §1, 2004)

10.13.050 PARENTAL RESPONSIBILITY.

A parent or guardian who has custody of any child or ward under the age of eighteen (18) shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. (Ord. 4915 §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 fourteen (14) 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. 4915 §1, 2004)

10.13.070 HELMET, REFLECTORS, LIGHTS.

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 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, 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 five hundred (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 five hundred (500) feet from the rear of the device. (Ord. 4915 §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. 4915 §1, 2004)

10.13.090 NOISE.

(a)    The operation of a motorized wheeled transportation device shall be subject to the provisions of BMC 6.32.110, entitled "Public Disturbance Noises."

(b)    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. (Ord. 4915 §1, 2004)

10.13.100 NO MORE THAN ONE (1) PERSON PERMITTED - TOWING OR PULLING PROHIBITED.

(a)    No more than one (1) person shall operate or ride upon a motorized wheeled transportation device at the same time. In the event that more than one (1) 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. 4915 §1, 2004)

10.13.110 VIOLATION - PENALTY.

(a)    Any person violating any provision of this chapter, except for BMC 10.13.070(a), shall be guilty of a civil infraction and shall be liable for monetary penalties not to exceed forty dollars ($40.00), exclusive of statutory assessments, provided, conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses. Community service hours may be imposed in lieu of a monetary penalty.

(b)    Any person violating BMC 10.13.070(a) shall be guilty of a civil infraction and shall be liable for monetary penalties as set forth in Chapter 7.80 RCW not to exceed twenty-five dollars ($25.00) exclusive of statutory assessments.

(c)    Bremerton Municipal Court - Jurisdiction. The Bremerton 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. 4927 §1, 2005; Ord. 4915 §1, 2004)