Chapter 10.25
MOTORIZED FOOT SCOOTERS1
Sections:
10.25.050 Responsibility – Penalty.
10.25.060 Penalties – Motor scooter safety school.
10.25.010 Definitions.
As used in this chapter, unless a different meaning is plainly required:
“Motorized foot scooter” means a device with wheels and handlebars that is designed to be stood or sat upon by the operator, is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and is not regulated at state law. Motor-driven cycles (RCW 46.04.332), mopeds (RCW 46.04.304), electric-assisted bicycles (RCW 46.04.169), motorcycles (RCW 46.04.330), electric personal mobility devices (RCW 46.04.1695), power wheelchairs (RCW 46.04.415) and all terrain vehicles (ATVs) (RCW 46.09.020) are regulated at state law and are therefore not motorized foot scooters. [Ord. 430 § 1, 2005]
10.25.020 Areas of operation.
It is unlawful for any person to operate or ride a motorized foot scooter upon any city of Burien park, upon any recreational or pedestrian trail within the city, upon city sidewalks, upon any arterial, and on any street within the Downtown Commercial (DC) or Special Planning Area 1 (SPA-1) zones. This section does not apply to an electric motorized device when that device is operated by a person with a mobility impairment caused by a physical disability who uses that device to enhance that person’s mobility. [Ord. 430 § 1, 2005]
10.25.030 Time of operation.
No motorized foot scooter shall be operated from the half-hour following sunset until the half-hour before sunrise. [Ord. 430 § 1, 2005]
10.25.035 Rules of operation.
(1) No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this chapter to motorized foot scooters unless the operator is at least 14 years of age. No operator’s license is required from the Department of Licensing to operate a motorized foot scooter.
(2) Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle traffic, as well as the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer or flagger.
(3) It shall be unlawful to operate a motorized foot scooter other than as close as practicable to the right-hand curb or right edge of the roadway.
(4) When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 46.61 RCW.
(5) No motorized foot scooter 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 hereof, to operate in a negligent manner means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey traffic-control devices and failure to yield right-of-way to pedestrians and/or vehicular traffic.
(6) No motorized foot scooter shall be operated with any passengers in addition to the operator.
(7) Every motorized foot scooter shall be equipped with a red reflector on the front and rear of a type approved by the State Patrol, which shall be visible from all distances up to 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle.
(8) No motorized foot scooter shall be operated without the operator wearing 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 National Standards Institute (ANSI), or the Snell Foundation, and shall have the chin strap fastened securely while the motorized foot scooter is in motion.
(9) No motorized foot scooter shall be operated without a muffler.
(10) Handlebars must not exceed the shoulders of the rider.
(11) Motorized foot scooters must have a working brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(12) A motorized foot scooter must have all other equipment required by state or local law.
(13) At all times, operators of motorized foot scooters devices shall yield the right-of-way to pedestrians and human-powered devices and shall give an audible signal before overtaking and passing a pedestrian or human-powered device. [Ord. 430 § 1, 2005]
10.25.040 Noise.
No motorized foot scooter shall be operated in a manner that violates the city’s noise ordinance in BMC 9.105.400 or any other state or local law. [Ord. 430 § 1, 2005]
10.25.050 Responsibility – Penalty.
No person shall do any act forbidden by this chapter or fail to perform any act required in this chapter. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child and/or ward to violate any of the provisions of this chapter. For purposes of this subsection, penalty for knowingly permitting a child to violate any of the provisions of this chapter shall be punished by the imposition of a monetary civil penalty not to exceed $250.00, exclusive of statutory assessments. Jurisdiction for such civil penalty shall be in King County District Court, Division South. [Ord. 430 § 1, 2005]
10.25.060 Penalties – Motor scooter safety school.
(1) Penalty – Ages 17 and Younger.
(a) First Offense. Upon a person’s first violation of any provision of this chapter, a Burien police officer may take custody of the motorized foot scooter. If the officer takes custody of the device, the officer shall provide the violator a written notice setting forth the procedure for reclaiming the motorized foot scooter. The notice shall state that the impounded motorized foot scooter may be reclaimed only by the parent or legal guardian of the violator from the Burien police department during business hours.
(b) Second and Subsequent Offenses. Upon a person’s second and subsequent violations of any provision of this chapter, a Burien police officer may take custody of the motorized foot scooter. The officer shall provide the violator a written notice setting forth the procedure for reclaiming the device. The notice shall state that the impounded motorized foot scooter may be reclaimed only by the parent or legal guardian of the violator from the Burien police department during business hours. A $100.00 administrative fine shall be paid by the parent or legal guardian prior to the release of the motorized foot scooter.
(c) Unclaimed Devices. Any unclaimed devices may be disposed of in accordance with state law.
(2) Penalty – Ages 18 and Older. Violations of this chapter by persons aged 18 years or older shall be punishable by a civil infraction in the amount of $100.00. [Ord. 447 § 1, 2006; Ord. 430 § 1, 2005]
Code reviser’s note: Ordinance 430 adds the provisions of this chapter as Chapter 10.20. The chapter has been editorially renumbered to prevent duplication of numbering.