Chapter 9.45
MOTORIZED FOOT SCOOTERS

Sections:

9.45.010    Motorized foot scooters – Defined.

9.45.020    Motorized foot scooters – General requirements and operation.

9.45.030    Helmet required – Defined.

9.45.040    Traffic laws apply to persons operating motorized foot scooters.

9.45.050    Severability.

9.45.010 Motorized foot scooters – Defined.

“Motorized foot scooter” means a device with no more than two 10-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. 943 § 1, 2004.]

9.45.020 Motorized foot scooters – General requirements and operation.

(1) No person may operate a motorized foot scooter on a public way unless such person is 16 years of age or older.

(2) It is unlawful for any person to use or operate a motorized foot scooter upon any sidewalk or public trail within the town of La Conner, with the exception of disabled persons utilizing electric personal assistive mobility devices (RCW 46.04.1695).

(3) Every motorized foot scooter when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 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 600 to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of 500 to the rear may also be used in addition to the red reflector.

(4) Operation of a motorized foot scooter without a muffling device in good working order and in constant operation to prevent excessive or unusual noise, or operation with a modified muffling device is unlawful.

(5) Operation of a motorized foot scooter on a public way with a speed limit in excess of 25 miles per hour unless the motorized foot scooter is operated within a bicycle lane is unlawful.

(6) Any person violating the provisions of this section shall be deemed to have committed a traffic infraction and shall be subject to a penalty of $25.00. [Ord. 943 § 2, 2004.]

9.45.030 Helmet required – Defined.

Any person operating a motorized foot scooter or riding as a passenger upon a motorized foot scooter on any public area in the town of La Conner shall wear an approved helmet designed for safety and shall have either the neck or chinstrap of the helmet fastened securely while the motorized scooter is in motion.

“Helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chinstrap type retention system, with a label required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations 16 CFR 1203.

Any person violating the provision of this section shall be deemed to have committed a traffic infraction and shall be subject to a penalty of $25.00. [Ord. 943 § 3, 2004.]

9.45.040 Traffic laws apply to persons operating motorized foot scooters.

Every person riding a motorized foot scooter upon a public way shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle pursuant to Chapter 46.61 RCW, except special regulations in RCW 46.61.750 through 46.61.780 shall apply to persons operating a motorized foot scooter and except as to those provisions of Chapter 46.61 RCW which by their nature can have no application. [Ord. 943 § 4, 2004.]

9.45.050 Severability.

If any section, subsection, sentence, clause, chapter, provision, or phrase of this chapter or its application to any person or circumstance is found to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the chapter or the application or the provisions to other persons or circumstances. [Ord. 943 § 5, 2004.]