Chapter 11.59
MOTORIZED FOOT SCOOTERS

Sections:

11.59.010    Definitions.

11.59.020    Operation of motorized foot scooters.

11.59.025    Parental responsibility.

11.59.030    Seizure and forfeiture.

11.59.040    Penalty.

11.59.010 Definitions.

A. “Child” means any person under 18 years of age.

B. “Guardian” means (1) a person who, under court order, is the guardian of the person of a juvenile; or (2) a public or private agency with whom a juvenile has been placed by a court; or (3) a person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a juvenile.

C. “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.

D. “Parent” means a person who is a natural parent, adoptive parent, step-parent, or foster parent of a juvenile. (Ord. 2517 § 1, 2004)

11.59.020 Operation of motorized foot scooters.

Every person operating a motorized foot scooter in the city of Lynnwood:

A. Shall have all the rights and is subject to all of the duties and responsibilities applicable to the rider of a bicycle upon any highway, street or roadway;

B. Shall ride within a bicycle lane upon the roadway if a bicycle lane exists;

C. Shall ride only on highways, streets and roadways designated with a maximum speed limit of 25 miles per hour or less;

D. Shall not ride on any arterial;

E. Who is preparing for a left turn, 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;

F. Who is preparing to cross an arterial or a street designated with a maximum speed limit greater than 25 miles per hour, shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and shall cross the roadway on foot, subject to the restrictions placed on pedestrians;

G. Shall not operate a motorized foot scooter on any public sidewalk;

H. Shall not operate a motorized foot scooter on any city-owned property;

I. Shall not operate a motorized foot scooter in any city park;

J. Shall not operate a motorized foot scooter upon designated sidewalks, walkways, pathways, trails, including the Interurban Trail, or any other place where motorized vehicles are prohibited;

K. Shall wear an approved bicycle helmet which is a head covering designed to protect the head that meets or exceeds safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Foundation or such subsequently nationally recognized standard for bicycle helmet performance as Washington State may adopt;

L. Shall not operate such scooter during the hours of darkness as defined by RCW 46.37.020;

M. Shall be at least 16 years of age;

N. Shall not operate a motorized foot scooter with any passenger other than the operator; and

O. Shall ensure that the motorized foot scooter is at all times equipped with a muffler in good working order so as to prevent excessive or unusual noise. Use of any cutout, bypass, or similar muffler elimination device is prohibited. (Ord. 2517 § 1, 2004)

11.59.025 Parental responsibility.

It is unlawful for any parent, guardian or other person having control or custody of a child to knowingly aid or abet a child to operate a motorized foot scooter in violation of this chapter. (Ord. 2517 § 1, 2004)

11.59.030 Seizure and forfeiture.

Whenever a law enforcement officer has probable cause to believe that a motorized foot scooter was used or is intended to be used in violation of this chapter, such conveyance shall be 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. (Ord. 2517 § 1, 2004)

11.59.040 Penalty.

A. A violation of this chapter is a traffic infraction and shall be processed and administered according to the procedures set forth in Chapter 46.63 RCW. The penalty for any infraction established under this chapter shall be as follows:

First offense:

$30.00

Second offense:

$60.00

Third and subsequent offenses:

$100.00

B. The court may order forfeiture of the offender’s motorized foot scooter involved in the infraction in the following circumstances:

1. After the finding of any violation involving a person under the age of 16 operating a motorized foot scooter.

2. After the finding of a second or subsequent violation involving a person age 16 and over operating a motorized foot scooter.

C. The court may defer for 12 months a finding that a first infraction has been committed on condition that the defendant attend a motorized foot scooter safety class. The class will be provided and scheduled by the Lynnwood police department. If the defendant successfully completes the class and has no further violations of this chapter for 12 months, no fine will be imposed. No person shall be eligible for the deferral of a finding under this subsection more than once.

D. The court shall send written notice to the parent or guardian of any person under the age of 18 involved in a traffic infraction under this chapter. (Ord. 2522 § 1, 2004; Ord. 2517 § 1, 2004)