Chapter 12.10
MOTORIZED FOOT SCOOTERS

Sections:

12.10.010    Definitions.

12.10.020    Duty to obey traffic-control devices and rules of the road.

12.10.030    Unsafe use prohibited.

12.10.040    Prohibited areas.

12.10.050    Requirements for operating motorized foot scooters.

12.10.060    Violation—Penalty.

12.10.010 Definitions.

As used in this chapter:

(a)    “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 upon but may have a seat, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.

(b)    “To operate in a negligent manner” means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or properly. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices and failure to yield right-of-way to pedestrians and/or vehicular traffic.

(c)    “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 chin strap type retention system, with a label as required by the Federal Consumer Products Safety Commission and as adopted by the Code of Federal Regulations (C.F.R.) at 16 C.F.R. 1203. (Ord. 1523 § 1, 2004).

12.10.020 Duty to obey traffic-control devices and rules of the road.

Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 1523 § 2, 2004).

12.10.030 Unsafe use prohibited.

No motorized foot scooter shall be operated in a negligent manner. All motorized foot scooters shall be operated with reasonable regard for the safety of the operator and other persons. (Ord. 1523 § 3, 2004).

12.10.040 Prohibited areas.

It is unlawful for any person to operate any motorized foot scooter upon any sidewalk, pathway, city park, publicly owned parking lot, privately owned parking lot without the permission of the owner, streets with a maximum speed limit above twenty-five miles per hour, or areas closed to motor vehicles. (Ord. 1523 § 4, 2004).

12.10.050 Requirements for operating motorized foot scooters.

No person shall operate a motorized foot scooter within the city limits unless the following requirements are met. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

(a)    Minimum Age. No motorized foot scooter shall be operated on any street or other public area not otherwise prohibited by this chapter unless the operator is at least fourteen years of age.

(b)    Helmet Required. Any person operating a motorized foot scooter upon any public area in the city of Omak shall wear an approved helmet.

(c)    Passengers. No person shall transport or tow another person on, in or with a motorized foot scooter upon any public area within the city of Omak.

(d)    Lighting Required. Every motorized foot scooter operated between one-half hour after sunset and one-half hour before dawn 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.

(e)    Reflector Required. Every motorized foot scooter operated between one-half hour after sunset and one-half hour before dawn shall be equipped with a red reflector on the rear of the scooter in the manner and of a type approved by the Washington State Patrol. Said reflector shall be visible from all distances up to six hundred feet to the rear.

(f)    Brake Required. Every motorized foot scooter shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement.

(g)    Muffler Required. Every gas motorized foot scooter shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. The use of a cutout, bypass, or similar muffler elimination device is prohibited on any gas motorized foot scooter. (Ord. 1523 § 5, 2004).

12.10.060 Violation—Penalty.

Failure to perform any act required, or the performance of any act prohibited, by this chapter is designated a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed such a civil infraction shall be subject to the penalties as set forth in Chapter 1.16. However, violations which constitute criminal traffic offenses may be charged as such and are subject to the maximum penalties allowed for such offenses. (Ord. 1665 § 4 (part), 2010: Ord. 1523 § 6, 2004).