Chapter 10.42
ALTERNATIVE VEHICLES
Sections:
10.42.020 Use of alternative vehicles on city streets.
10.42.030 Restrictions on use of alternative vehicles on city streets.
10.42.040 Equipment requirements of an alternative vehicle.
10.42.050 Registration requirements of an alternative vehicle.
10.42.060 Duty to obey traffic-control devices and rules of the road.
10.42.010 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
(1) “City” means the city of Connell, its elected officials, its employees, and its agents.
(2) “City street” means every way, lane, road, street, boulevard, and every way or place in the city open as a matter of right to public vehicular traffic inside the city limits.
(3) “Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
(4) “Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation.
(5) “Sidewalk” means that property between the curb lines or the lateral lines of a city street and the adjacent property set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a city street and dedicated to use by pedestrians.
(6) “Alternative vehicle” means:
(a) Any wheeled motorized all-terrain non-highway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has at least four tires having a diameter of thirty inches or less; or
(b) A utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following:
(i) Has a minimum width of fifty inches;
(ii) Has a minimum weight of at least nine hundred pounds; or
(iii) Has a wheelbase of over sixty-one inches. An alternative vehicle is an off-road vehicle for the purposes of Chapter 4.24 RCW. (Ord. 990 § 1 (part), 2018).
10.42.020 Use of alternative vehicles on city streets.
Subject to the restrictions and requirements set forth in this chapter, a person who has attained the age of eighteen years, has proof of valid insurance, and who has a valid, nonintermediate driver’s license issued by the state of the person’s residence may operate an alternative vehicle upon a city street having a speed limit of thirty-five miles per hour or less. (Ord. 990 § 1 (part), 2018).
10.42.030 Restrictions on use of alternative vehicles on city streets.
(a) Unless the vehicle has a windscreen and an enclosed overhead rollover structure, each person who operates or rides in an alternative vehicle must wear a securely fastened motorcycle helmet while the vehicle is in motion;
(b) A person may not operate an alternative vehicle upon State Route 260 or US 395. An alternative vehicle may cross State Route 260 and US 395 only at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees;
(c) A person may not operate an alternative vehicle upon a city street with a speed limit in excess of thirty-five miles per hour; however, a person may cross a city street with a speed limit in excess of thirty-five miles per hour at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees;
(d) A person may operate an alternative vehicle upon any city street while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties; and
(e) Alternative vehicles are subject to Chapter 46.55 RCW. (Ord. 990 § 1 (part), 2018).
10.42.040 Equipment requirements of an alternative vehicle.
An alternative vehicle operated on a city street must comply with the following equipment requirements:
(1) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
(2) One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a city street; however, a utility-type vehicle, as described under RCW 46.09.310, must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a city street;
(3) A stop lamp meeting the requirements of RCW 46.37.200;
(4) Reflectors meeting the requirements of RCW 46.37.060;
(5) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;
(6) Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
(7) A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the city street for a distance of at least two hundred feet to the rear of the vehicle; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
(8) A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington State Patrol;
(9) A horn or warning device meeting the requirements of RCW 46.37.380;
(10) Brakes in working order;
(11) A spark arrester and muffling device meeting the requirements of RCW 46.09.470;
(12) Seatbelts meeting the requirements of RCW 46.37.510 for all utility-type vehicles, defined under RCW 46.09.310(19); and
(13) Must have an individual seat, designed to seat a person, for each occupant. If equipped with seatbelts, the seatbelts must be worn at all times the vehicle is being operated. (Ord. 990 § 1 (part), 2018).
10.42.050 Registration requirements of an alternative vehicle.
An alternative vehicle operated on a city street must comply with all the registration requirements of Chapter 46.09 RCW. (Ord. 990 § 1 (part), 2018).
10.42.060 Duty to obey traffic-control devices and rules of the road.
Unless a police officer directs otherwise, a person operating an alternative vehicle must obey all rules of the road that apply to vehicle or pedestrian traffic and must obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles. A person operating an alternative vehicle upon a city street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application. (Ord. 990 § 1 (part), 2018).
10.42.070 Prohibited uses.
(a) No person may operate or ride an alternative vehicle in a negligent or unsafe manner, but must operate it with reasonable regard for his or her own safety and for the safety of others.
(b) No person may occupy an alternative vehicle unless that person is seated in a seat designed to carry a person. No person may tow any devices or persons behind an alternative vehicle.
(c) No person may operate an alternative vehicle side-by-side in a single lane of traffic. (Ord. 990 § 1 (part), 2018).
10.42.080 Prohibited areas.
(a) It is unlawful to operate an alternative vehicle on a sidewalk or other area where it is unlawful to operate a motor vehicle.
(b) It is unlawful to operate an alternative vehicle in a park, except on a park drive or in a designated parking lot.
(c) It is unlawful to operate an alternative vehicle on any bicycle trail, any walking path, or in any marked bicycle lane. (Ord. 990 § 1 (part), 2018).
10.42.090 Violation—Penalty.
A person who violates a provision of this chapter is guilty of a traffic infraction as provided in Chapter 10.04. (Ord. 990 § 1 (part), 2018).
10.42.990 Severability.
If any section, subsection, sentence, clause, paragraph, 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, paragraph, phrase or word of this chapter. (Ord. 990 § 1 (part), 2018).