Chapter 9.52
MOTORIZED WHEELED TRANSPORTATION DEVICES
Sections:
9.52.060 Brakes and mirror required.
9.52.080 No more than one person permitted – Towing or pulling prohibited.
9.52.090 Operator to abide by rules applicable to bicycles.
9.52.100 Negligent operation – Prohibited.
9.52.110 Parental responsibility.
9.52.120 Dealer notice required.
9.52.010 Definitions.
For the purposes of this chapter, a “motorized wheeled transportation device” shall mean any device which 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. 1638 § 1, 2005).
9.52.020 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 25 miles per hour.
B. Motorized wheeled transportation devices shall not be permitted on sidewalks. (Ord. 1638 § 1, 2005).
9.52.030 Times of operation.
A motorized wheeled transportation device shall not be operated from a half-hour after sunset to a half-hour before sunrise. (Ord. 1638 § 1, 2005).
9.52.040 Age of operator.
No person under the age of 16 shall operate a motorized wheeled transportation device. All operators shall carry proof of age while operating a motorized wheeled transportation device. Acceptable forms of proof of age include (a) a valid driver’s license or photo identification card issued by the State Department of Licensing, (b) a school picture identification card bearing the card year’s date, (c) a valid and current photo military identification, or (d) a valid and current passport. (Ord. 1638 § 1, 2005).
9.52.050 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. 1638 § 1, 2005).
9.52.060 Brakes and mirror 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. Every motorized wheeled transportation device shall be equipped with a mirror mounted on the left side of the device and so located to reflect to the operator a view of the road for a distance of at least 200 feet to the rear of such device. (Ord. 1638 § 1, 2005).
9.52.070 Noise.
A. The operation of a motorized wheeled transportation device shall be subject to the provisions of Chapter 9.37 MMC, Noise Regulations.
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. 1638 § 1, 2005).
9.52.080 No more than one 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. 1638 § 1, 2005).
9.52.090 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. 1638 § 1, 2005).
9.52.100 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 a 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. 1638 § 1, 2005).
9.52.110 Parental responsibility.
It shall be unlawful for every parent, guardian, or other adult person having the care and custody of any minor child under 18 years of age to knowingly permit such a minor child to violate this chapter. (Ord. 1638 § 1, 2005).
9.52.120 Dealer notice required.
All persons and/or establishments within the city of Milton that are involved in the retail sales of motorized foot scooters shall provide each purchaser of said motorized foot scooter with a written advisement of the regulations, restrictions and requirements of Chapter 9.52 MMC prior to completing the sale of said motorized foot scooter. (Ord. 1638 § 1, 2005).
9.52.130 Violation – Penalty.
A. A violation of any provision of this chapter shall be punishable by the imposition of a monetary penalty in the amount of $250.00. The court may also order a person found to have committed a civil infraction to make restitution.
B. In lieu of the penalty described above, any Milton police officer may utilize the following penalty provision for a person under 16 years of age found operating a motorized wheeled transportation device in violation of this chapter:
1. The officer may take custody of the device. If the officer does not impound the device, he or she may release it only to an adult.
2. The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.
3. The procedure for reclaiming the device shall be promulgated by the chief of police.
4. Only the parent or legal guardian of a violator or an adult owner can reclaim a motorized foot scooter or other wheeled recreational device impounded pursuant to this section.
5. A $50.00 fee for costs of impound and administrative processing shall be paid to the city clerk prior to the release of any property impounded under this alternative penalty.
6. Any unclaimed devices shall be disposed of in accordance with state law.
C. Milton Municipal Court – Jurisdiction. The Milton 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.
D. 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. 1638 § 1, 2005).