Chapter 9.44
MOTORIZED WHEELED TRANSPORTATION DEVICES
Sections:
9.44.010 Definition.
9.44.020 Prohibited areas.
9.44.030 Times of operation.
9.44.040 Age of operator.
9.44.050 Helmet required.
9.44.060 Brakes required.
9.44.070 Noise.
9.44.080 No more than one (1) person permitted – Towing or pulling prohibited.
9.44.090 Operator to abide by rules applicable to bicycles.
9.44.100 Negligent operation – Prohibited.
9.44.110 Parental responsibility.
9.44.120 Recreation or entertainment business that uses motorized wheeled transportation device.
9.44.130 Violation – Penalty.
9.44.010 Definition.
For the purposes of this section, a motorized wheeled transportation device shall mean any device which has no more than two (2) wheels, is propelled by an electric or liquid fuel motor, 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, power board, motor powered skateboard, miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any of the following as defined in the referenced RCW:
RCW
46.04.169 Electric-assisted bicycle.
46.04.1695 Electric personal assistive mobility device.
46.04.304 Moped.
46.04.330 Motorcycle.
46.04.332 Motor-driven cycle.
46.04.415 Power wheelchair.
46.04.710 Wheelchair conveyance.
(Ord. No. 3707, § 1, 9-7-04)
9.44.020 Prohibited areas.
A. The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas:
1. Improved or natural surface recreational trails.
2. Parks.
3. Publicly owned or operated parking lots.
4. Streets with a maximum speed limit in excess of twenty-five (25) miles per hour.
B. Motorized wheeled transportation devices shall not be permitted on sidewalks; provided, that motorized wheeled transportation devices may be operated upon sidewalks that are adjacent to streets that have a speed limit in excess of twenty-five (25) miles per hour; provided further, that when the operation of a motorized wheeled transportation device on a sidewalk is lawful, the device shall not be operated on the sidewalk at a speed in excess of five (5) miles per hour, and the operator must, at all times, yield to pedestrian or bicycle traffic.
(Ord. No. 3707, § 1, 9-7-04)
9.44.030 Times of operation.
A. A motorized wheeled transportation device shall not be operated between the hours of 9:00 p.m. and 7:00 a.m.
B. A motorized wheeled transportation device operated during the “hours of darkness,” as that phrase is defined in RCW 46.04.200, shall display a white light to the front of the device that is visible from a distance of five hundred (500) feet from the front of the device, and a red light on the rear of the device that is visible from a distance of five hundred (500) feet from the rear of the device.
(Ord. No. 3707, § 1, 9-7-04)
9.44.040 Age of operator.
No person under the age of thirteen (13) shall operate a motorized wheeled transportation device.
(Ord. No. 3707, § 1, 9-7-04)
9.44.050 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 shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion.
(Ord. No. 3707, § 1, 9-7-04)
9.44.060 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. No. 3707, § 1, 9-7-04)
9.44.070 Noise.
A. The operation of a motorized wheeled transportation device shall be subject to the provisions of KCC 9.02.200, Public disturbance.
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. No. 3707, § 1, 9-7-04)
9.44.080 No more than one (1) person permitted – Towing or pulling prohibited.
A. No more than one person shall operate or ride upon a single motorized wheeled transportation device at the same time. In the event that more than one person operates or rides upon a single 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 be in violation of this section.
(Ord. No. 3707, § 1, 9-7-04)
9.44.090 Operator to abide by rules applicable to bicycles.
Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a roadway shall have the same rights and duties as operators of bicycles.
(Ord. No. 3707, § 1, 9-7-04)
9.44.100 Negligent operation – Prohibited.
The negligent operation of a motorized wheeled transportation device 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. It is an affirmative defense to negligent operation of motorized wheeled transportation device that must be proved by the defendant by a preponderance of the evidence that the operator was operating the motorized wheeled transportation device on private property with the consent of the owner in a manner consistent with the owner’s consent.
(Ord. No. 3707, § 1, 9-7-04)
9.44.110 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. No. 3707, § 1, 9-7-04)
9.44.120 Recreation or entertainment business that uses motorized wheeled transportation device.
This chapter shall not apply to any properly zoned, located, and licensed business in which motorized wheeled transportation devices are utilized for recreation or entertainment on the property of the business.
(Ord. No. 3707, § 1, 9-7-04)
9.44.130 Violation – Penalty.
A violation of any provision of this chapter shall be punishable by the imposition of a monetary penalty in the amount of one hundred fifty dollars ($150). The court may also order a person found to have committed a civil infraction to make restitution.
A. Kent municipal court – jurisdiction. The Kent 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.
B. Penalty – immediately payable. Whenever a monetary penalty is imposed by a court under this section, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the time period within which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.
(Ord. No. 3707, § 1, 9-7-04)