Chapter 12.12
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS*

Sections:

12.12.010    Definitions.

12.12.020    Use of coasters, roller skates, and similar devices restricted.

12.12.030    Skateboarding prohibited in certain areas.

12.12.040    Seizure and forfeiture.

12.12.050    Negligent skateboarding.

12.12.055    Motorized foot scooters.

12.12.060    Penalty.

*    For the statutory provisions, see Chapter 46.61 RCW, Obedience to and Effect of Traffic Laws.

12.12.010 Definitions.

Words and phrases defined for the purposes of this chapter shall have the meanings set forth in this section, unless normal construction in context shall clearly indicate to the contrary:

(1)    “Skateboard” has its ordinary meaning and includes a board of any material with wheels affixed to the underside, designed to be ridden by a person. For the purposes of this chapter the term “skateboard” shall include the terms “scooter” and “coaster.”

(2)    “Riding a skateboard” means standing with one or both feet touching the skateboard, crouching, sitting or lying upon the skateboard while it is in motion.

(3)    “Scooter” shall have its ordinary meaning and includes a footboard mounted upon or between two or more small wheels and controlled by an upright steering handle.

(4)    “Kirkland City Hall” is located at 123 Fifth Avenue, and includes the sidewalks and parking lots that are at the boundaries of the City Hall site.

(5)    “Kirkland Plaza of Champions” means that portion of the Lake Plaza parking lot in which recognition plaques are installed and members of the public may view such plaques.

(6)    “Motorized foot scooter” means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. (Ord. 3948 § 1, 2004: Ord. 3200 § 1 (part), 1990)

12.12.020 Use of coasters, roller skates, and similar devices restricted.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device shall go upon any roadway except while crossing a street on a crosswalk and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of the city. (Ord. 2136 § 8, 1970)

12.12.030 Skateboarding prohibited in certain areas.

No person shall ride a skateboard within Peter Kirk Park, upon the Kirkland City Hall grounds, or at the Plaza of Champions. A person in violation of this section may be cited for an infraction and the skateboard he or she was riding may be seized as evidence and held until the disposition of the charge. (Ord. 3200 § 1 (part), 1990)

12.12.040 Seizure and forfeiture.

Whenever a law enforcement officer has probable cause to believe that a skateboard was used or is intended to be used in violation of this chapter, such skateboard is subject to seizure and forfeiture. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure and shall be conducted as outlined in Chapter 69.50 RCW. An observation by a law enforcement officer that a skateboard is in motion upon the ground or pavement at Peter Kirk Park, the City Hall site, or the Plaza of Champions, whether or not such skateboard is accompanied by a person, shall be sufficient to establish probable cause of a violation of this chapter. (Ord. 3200 § 1 (part), 1990)

12.12.050 Negligent skateboarding.

It is a violation of this chapter for any person to operate a skateboard in a negligent manner upon any publicly owned property or way open to the public throughout the city of Kirkland. For purposes of this section, “to operate in a negligent manner” means the riding or propelling of a skateboard in such a manner as to endanger or be likely to endanger any person or property. (Ord. 3200 § 1 (part), 1990)

12.12.055 Motorized foot scooters.

In addition to any regulations or restrictions imposed under state law, the use of motorized foot scooters within the city of Kirkland must comply with the following regulations and restrictions:

(1)    Motorized foot scooters may not be used on sidewalks or within city parks.

(2)    Motorized foot scooters may not be used on public rights-of-way with speed limits greater than twenty-five miles per hour.

(3)    Motorized foot scooters in use at any time from a half hour after sunset to a half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.

(4)    The operator of a motorized foot scooter must be at least fifteen years old to use a motorized foot scooter upon allowed public rights-of-way.

(5)    The operator of a motorized foot scooter must wear a helmet that meets or exceeds safety standards for bicycle helmets as currently adopted, or as subsequently revised, by the Consumer Product Safety Commission.

(6)    No person shall transport another person on or in tow of a motorized scooter. (Ord. 3948 § 2, 2004)

12.12.060 Penalty.

A violation of this chapter is a traffic infraction, whether or not the act at issue occurred upon a roadway. The penalty for any infraction established by this chapter shall be fifty dollars. (Ord. 3960 § 1, 2004: Ord. 3200 § 1 (part), 1990)